May 20, 2019
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       Florida Senate - 2010                             CS for SB 2182
       
       
       
       By the Committee on Agriculture; and Senator Alexander
       
       
       
       
       575-02712-10                                          20102182c1
    1                        A bill to be entitled                      
    2         An act relating to agriculture; amending s. 193.461,
    3         F.S.; clarifying that land that is classified as
    4         agricultural retains that classification when offered
    5         for sale; providing for retroactivity; amending s.
    6         369.20, F.S.; authorizing the Fish and Wildlife
    7         Conservation Commission to enter into an agreement
    8         with the Department of Environmental Protection
    9         relating to the uniform application of pesticides to
   10         the waters of the state; revising exemptions from
   11         water pollution permits; amending s. 403.088, F.S.;
   12         providing permits for applying pesticides to the
   13         waters of the state; requiring the Department of
   14         Environmental Protection to enter into agreements with
   15         the Department of Agriculture and Consumer Services
   16         and the Fish and Wildlife Conservation Commission
   17         relating to the uniform application of pesticides to
   18         the waters of the state; exempting certain pesticides
   19         from acute toxicity provisions provided by rule;
   20         amending s. 487.163, F.S.; requiring the Department of
   21         Agriculture and Consumer Services to enter into an
   22         agreement with the Department of Environmental
   23         Protection relating to the uniform application of
   24         pesticides to the waters of the state; amending s.
   25         573.112, F.S.; providing that the Citrus Research and
   26         Development Foundation shall provide advice to the
   27         Department of Agriculture and Consumer Services with
   28         respect to citrus research marketing orders; amending
   29         s. 573.118, F.S.; providing for the deposit of certain
   30         agricultural assessments; revising the assessment rate
   31         on citrus fruit; amending s. 581.031, F.S.; expanding
   32         the type of research projects which may be conducted
   33         by the department; providing an effective date.
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Paragraph (b) of subsection (3) of section
   38  193.461, Florida Statutes, is amended to read:
   39         193.461 Agricultural lands; classification and assessment;
   40  mandated eradication or quarantine program.—
   41         (3)
   42         (b) Subject to the restrictions specified set out in this
   43  section, only lands that which are used primarily for bona fide
   44  agricultural purposes shall be classified agricultural. The term
   45  “bona fide agricultural purposes” means good faith commercial
   46  agricultural use of the land.
   47         1. In determining whether the use of the land for
   48  agricultural purposes is bona fide, the following factors may be
   49  taken into consideration:
   50         a.1. The length of time the land has been so used.
   51         b.2. Whether the use has been continuous.
   52         c.3. The purchase price paid.
   53         d.4. Size, as it relates to specific agricultural use, but
   54  in no event shall a minimum acreage may not be required for
   55  agricultural assessment.
   56         e.5. Whether an indicated effort has been made to care
   57  sufficiently and adequately for the land in accordance with
   58  accepted commercial agricultural practices, including, without
   59  limitation, fertilizing, liming, tilling, mowing, reforesting,
   60  and other accepted agricultural practices.
   61         f.6. Whether the such land is under lease and, if so, the
   62  effective length, terms, and conditions of the lease.
   63         g.7. Such other factors as may from time to time become
   64  applicable.
   65         2. Offering property for sale does not constitute a primary
   66  use of land and may not be the basis for denying its
   67  agricultural classification if the land continues to be used
   68  primarily for bona fide agricultural purposes while it is being
   69  offered for sale.
   70         Section 2. The amendment to paragraph (b) of subsection (3)
   71  of section 193.461, Florida Statutes, made by this act is
   72  intended to be remedial and clarifying in nature and applies
   73  retroactively to all parcels for which a final court order has
   74  not yet been entered as of the effective date of this act.
   75         Section 3. Subsections (4) and (9) of section 369.20,
   76  Florida Statutes, are amended to read:
   77         369.20 Florida Aquatic Weed Control Act.—
   78         (4) The commission shall also promote, develop, and support
   79  research activities directed toward the more effective and
   80  efficient control of aquatic plants. In the furtherance of this
   81  purpose, the commission may is authorized to:
   82         (a) Accept donations and grants of funds and services from
   83  both public and private sources;
   84         (b) Contract or enter into agreements with public or
   85  private agencies or corporations for research and development of
   86  aquatic plant control methods or for the performance of aquatic
   87  plant control activities. The commission may enter into an
   88  agreement with the Department of Environmental Protection to
   89  ensure the uniform regulation of pesticides applied to the
   90  waters of the state, including provision for coordinating agency
   91  staff and resources, through the implementation of permitting,
   92  compliance, and enforcement activities under ss. 403.088 and
   93  403.0885;
   94         (c) Construct, acquire, operate, and maintain facilities
   95  and equipment; and
   96         (d) Enter upon, or authorize the entry upon, private
   97  property for purposes of making surveys and examinations and to
   98  engage in aquatic plant control activities; and such entry shall
   99  not be deemed a trespass.
  100         (9) A permit issued pursuant to this section for The
  101  application of herbicides to waters of in the state for the
  102  control of aquatic plants, algae, or invasive exotic plants is
  103  exempt from the requirement to obtain a water pollution
  104  operation permit except as provided in ss. pursuant to s.
  105  403.088 and 403.0885.
  106         Section 4. Subsection (1) of section 403.088, Florida
  107  Statutes, is amended to read:
  108         403.088 Water pollution operation permits; conditions.—
  109         (1) No person, Without the written authorization of the
  110  department, a person may not shall discharge any waste into the
  111  waters of within the state any waste which, by itself or in
  112  combination with the wastes of other sources, reduces the
  113  quality of the receiving waters below the classification
  114  established for such waters them. However, this section does
  115  shall not be deemed to prohibit the application of pesticides to
  116  such waters in the state for the control of insects, aquatic
  117  weeds, or algae, or other pests if provided the application is
  118  performed in accordance with any of the following:
  119         (a) Upon execution of the agreement provided in s.
  120  487.163(3), the department may develop a permit or other
  121  authorization as required by 33 U.S.C. s. 1342 for the
  122  application of pesticides. A person must obtain such permit or
  123  other authorization before applying pesticides to the waters of
  124  the state.
  125         (b) In consultation with the Department of Agriculture and
  126  Consumer Services and the Fish and Wildlife Conservation
  127  Commission, the department shall also develop a general permit
  128  under s. 403.0885(2), for the application of pesticides.
  129         (c) The department shall also enter into agreements with
  130  the Department of Agriculture and Consumer Services pursuant to
  131  a program approved by the Department of Health, in the case of
  132  insect or other pest control, and with or the Fish and Wildlife
  133  Conservation Commission, in the case of aquatic weed, other
  134  aquatic pests, or algae control. The department is directed to
  135  enter into interagency agreements to establish the procedures
  136  for program approval. Such agreements must shall provide for
  137  public health, welfare, and safety, as well as environmental
  138  factors, and must ensure the uniform regulation of pesticides
  139  applied to waters of the state, including provisions for the
  140  coordination of agency staff and resources, through the
  141  implementation of permitting, compliance, and enforcement
  142  activities under this section and s. 403.0885. Pesticides that
  143  are Approved programs must provide that only chemicals approved
  144  for a the particular use by the United States Environmental
  145  Protection Agency or by the Department of Agriculture and
  146  Consumer Services may be employed and that they be applied in
  147  accordance with registered label instructions, state standards
  148  for such application, including any permit or other
  149  authorization required by this subsection, and the provisions of
  150  the Florida Pesticide Law, part I of chapter 487, are not
  151  subject to the acute toxicity provisions of rule 62-302.500,
  152  Florida Administrative Code.
  153         Section 5. Subsection (3) is added to section 487.163,
  154  Florida Statutes, to read:
  155         487.163 Information; interagency cooperation.—
  156         (3) The department shall enter into an agreement with the
  157  Department of Environmental Protection to ensure the uniform
  158  regulation of pesticides applied to waters of the state,
  159  including provisions for the coordination of agency staff and
  160  resources, through the implementation of permitting, compliance,
  161  and enforcement activities under ss. 403.088 and 403.0885.
  162         Section 6. Subsection (7) is added to section 573.112,
  163  Florida Statutes, to read:
  164         573.112 Advisory council.—
  165         (7) Notwithstanding the provisions of this section, the
  166  Citrus Research and Development Foundation, Inc., a direct
  167  support organization of the University of Florida established
  168  pursuant to s. 1004.28, shall serve as the advisory council for
  169  a citrus research marketing order, provide the department with
  170  advice on administering the order, and, in accordance with the
  171  order, conduct citrus research and perform other duties assigned
  172  by the department. Notwithstanding s. 1004.28(3), the
  173  foundation’s board of directors shall be composed of 13 members,
  174  including 10 citrus growers, 2 representatives of the
  175  university’s Institute of Food and Agricultural Sciences, and 1
  176  member appointed by the Commissioner of Agriculture.
  177         Section 7. Subsections (1) and (6) of section 573.118,
  178  Florida Statutes, are amended to read:
  179         573.118 Assessment; funds; audit; loans.—
  180         (1) To provide funds to defray the necessary expenses
  181  incurred by the department in the formulation, issuance,
  182  administration, and enforcement of any marketing order, every
  183  person engaged in the production, distributing, or handling of
  184  agricultural commodities within this state, and directly
  185  affected by any marketing order, shall pay to the department, at
  186  such times and in such installments as the department may
  187  prescribe, such person’s pro rata share of necessary expenses.
  188  Each person’s share of expenses shall be that proportion which
  189  the total volume of agricultural commodities produced,
  190  distributed, or handled by the person during the current
  191  marketing season, or part thereof covered by such marketing
  192  order, is of the total volume of the commodities produced,
  193  distributed, or handled by all such persons during the same
  194  current marketing season or part thereof. The department, after
  195  receiving the recommendations of the advisory council, shall fix
  196  the rate of assessment on the volume of agricultural commodities
  197  sold or some other equitable basis. For convenience of
  198  collection, upon request of the department, handlers of the
  199  commodities shall pay any producer assessments. Handlers paying
  200  assessments for and on behalf of any producers may shall, at
  201  their discretion, collect the producer assessments from any
  202  moneys owed by the handlers to the producers. The collected
  203  assessments shall be deposited into the appropriate General
  204  Inspection trust fund and shall be used for the sole purpose of
  205  implementing the marketing order for which the assessment was
  206  collected. The department is not subject to the procedures found
  207  in s. 287.057 in the expenditure of these funds. However, the
  208  director of the Division of Marketing and Development shall file
  209  with the internal auditor of the department a certification of
  210  conditions and circumstances justifying each contract or
  211  agreement entered into without competitive bidding.
  212         (6) An Any assessment levied upon citrus fruit under this
  213  section may not exceed the rate established in the marketing
  214  order and shall be at a rate not to exceed 1 cent per standard
  215  packed box of citrus fruit grown and placed into the primary
  216  channel of trade in this state. All revenues from such
  217  assessment collected by the department shall be deposited into
  218  the Citrus Inspection Trust Fund.
  219         Section 8. Subsection (32) of section 581.031, Florida
  220  Statutes, is amended to read:
  221         581.031 Department; powers and duties.—The department has
  222  the following powers and duties:
  223         (32) To The Department of Agriculture and Consumer Services
  224  shall conduct or cause to be conducted those research projects
  225  on citrus diseases, including, but not limited to, citrus canker
  226  and citrus greening, which are recommended by the Florida Citrus
  227  Production Research Advisory Council, within the limits of
  228  appropriations made specifically for such purpose.
  229         Section 9. This act shall take effect upon becoming a law.

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